Legal Advice

JANBY DIGITAL KITCHEN S.L. is a gastronomic intelligence startup for the processes that occur in professional kitchens. JANBY DIGITAL KITCHEN S.L. (hereinafter, JANBY or the Owner), with VAT ID ESB75101659 and address at Calle Basarte 1, 20720, Azkoitia (Gipuzkoa), registered in the Mercantile Registry of Gipuzkoa, Volume 2630, Folio 220, Sheet SS36040, is the owner of the accessible Website via the URL: https://janby.kitchen (hereinafter, JANBY or the Website, interchangeably).

At JANBY we work on digitization, standardization and optimization of the culinary processes through hardware and software solutions. With our solutions we aspire to provide intelligence to the food supply chain by making it more: rich, economical, sustainable, safe and healthy. With all of this, our ultimate purpose is for people to eat better and lead healthier and happier lives as a result.

For any query, doubt or suggestion regarding JANBY, you can contact contact with us through the email address hello @ janby.kitchen. Our customer service hours are from Monday to Friday, from 8am to 5pm.

Next, we proceed to show the conditions that in a general way regulate access to the Owner’s page, both of the services and functionalities offered there, without prejudice to the application of other different conditions or their modification. A periodic reading and review is recommended since there may be modifications in the legal texts.

1. Identification of the parties

These General Conditions of Use are signed on one part by the Owner and on the other by you, as a User, a natural or legal person who voluntarily accesses the Website freely and for free. These conditions will be applicable regardless of buying and / or contracting or not the products and services offered on the platform.

2. Purpose of the Website

The purpose of this Website is to promote JANBY solutions, where hardware and software equipment is offered for use in hotels, communities, food chains and restaurant services; as well as the sale of products designed for use in this equipment and with said solution (supports for tablets, kitchen probes, labeling machines, bags and packaging for cooking, etc.), as well as informing about products, services and functionalities displayed by the Owner. Access and navigation through the Website are free, although the purchase of products and the contracting of licenses or Packs entails the payment of a price as well as the acceptance of some General Conditions.

3. User Obligations

a. Use the Website in a diligent, correct and lawful manner, always in compliance with current legislation, morals and good customs, as well as public order.

b. Periodically review these Conditions, or any others that may be applicable, checking the modifications that may occur.

c. Review the communications that JANBY sends, as they may contain important information.

d. Not to use the Website for commercial purposes, especially to collect information or content in order to provide services that clearly constitute competition for JANBY.

e. Do not modify or try to modify in any way, or perform actions or use means aimed at simulating the appearance or functions of the Website.

f. Not damage, disable, overload or hinder the service (or the network or networks connected to the service), or interfere with its use and enjoyment.

g. Refrain from taking any action that involves the introduction of computer viruses, worms, Trojans or any other kind of malicious code intended to interrupt, destroy or limit the functionality of the Website.

h. Do not use reverse engineering techniques and / or decrypt, decompile or use any other system designed to understand the JANBY source code.

i. In any case, not to carry out any type of act that may violate the rights or interests of the Owner or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyright, trade secrets … ).

4. Website Availability

The Owner tries to improve and expand JANBY, as well as its content and the services offered therein. Despite this, the Website will be displayed as it is at all times, depending on availability, limitations and other concurrent circumstances.

5. Particular Registration Conditions

These Specific Registration Conditions are signed, on the one hand, by JANBY, and on the other, by the User who has completed the corresponding form to create an account and the steps indicated on the Website intended to carry out the registration, together with the acceptance of these Particular Conditions.

5.1. Requirements and procedure to create an account

To create an account on the Website, it is essential that the User is a validly constituted natural or legal person and that his representative be a natural person of legal age, in accordance with the provisions of Spanish legislation.

The User must access the option “ My account ”, provide email and other requested data, backing it up with a password. You must complete all the steps indicated, including reading the information related to the Privacy Policy and these Conditions.

JANBY, will confirm the User’s registration on the Website, by sending a welcome communication, at which point they will become a Registered User. ¹

If the Registered User does not remember his password, he must click on “ Remember password , and enter the email through which you made the registration, for its restoration.

The Owner reserves the right to verify and verify the identity of the User at any time. Failure to comply with the requirements set forth in this section or deception regarding identity, empowers the Owner to terminate such User at any time, exempting the Owner from any type of responsibility for such action.

5.2. JANBY

As a Registered User you will be able to save the order and billing address information for future transactions, as well as access the personal user area and use its functionalities.

5.3. Obligations of the Registered User

The Registered User has the following obligations:

a. Do not register with several User accounts on the Website, nor do it with false information or impersonating third parties. You are responsible for providing your real data.

b. Not to use or try to use the account of another User, without their authorization or consent.

c. Be solely responsible for all activities carried out from your personal account in JANBY.

d. Take care of the confidentiality of your access data, since you will be responsible for any damage suffered or suffered by third parties for breaching these Conditions. You are also responsible for what happens in your personal account unless its security has been compromised by external causes. Specifically, you must:

i. Keep the account updated.

ii. Store the chosen password confidentially.

iii. Be the only User who uses the account created.

iv. Do not trade, sell or transfer the account to a third party.

e. JANBY reserves the right to verify the User’s profile, being able to delete or suspend the account in the event of non-compliance with these legal texts or any other applicable ones.

5.4. Modification and cancellation of the User account

At any time, the Registered User may modify the data, shipping or billing addresses of his personal account or cancel the account through the user area.

6. Disclaimer

JANBY works so that the services and functionalities of the Website are always available. However, when you access it, it will be shown to you according to the availability and the limitations that apply at all times.

Despite the Holder’s continuous effort to protect the systems and contents included in the Website, for which purpose it uses the usual security standards on the Internet, it is not possible to offer full guarantees in relation to the intrusions or loss of information that may occur. Similarly, the absence of viruses or other harmful elements on the Website or on third-party websites that may cause alterations to the User’s computer system, both software and hardware, cannot be guaranteed. For this reason, the User assumes and understands that there are situations that may escape the control of JANBY.

The Website may include links to pages or sites of third parties unrelated to the Owner, over which it does not assume any type of responsibility by not approving or reviewing their functions and contents. The User who accesses any link published on the Website does so at their own risk and risk, without the Owner assuming any responsibility for it.

In the same way, the Website is exempt from all responsibility derived from misuse of the same by Users, as well as for non-compliance with the obligations or commitments assumed by virtue of these conditions or any other applicable ones.

7. Intellectual and industrial property rights

All intellectual and industrial property rights over the Website and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs and other elements present there, belong exclusively to the Owner, including the JANBY brand, or have sufficient rights and / or authorizations for their exploitation.

As a consequence of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even citing the sources, is prohibited, unless prior consent is obtained. , expressly and in writing by the Owner or the exclusive owner of the affected rights.

If you detect any infraction, please notify us at the email indicated in the header.

8. Indemnification

8.1. The Owner may sanction any of the Users who fail to comply with the conditions that apply to them, with the impossibility of temporarily or indefinitely accessing the Website. The duration of the sanction will depend on the type of offense committed. The access restriction will not entail in any case the right to compensation.

8.2. Any type of damage, loss, loss or cost (including attorneys ‘and / or solicitors’ fees) incurred by the Holder, derived from a breach of these Conditions by the User, or any other that may be applicable, must be compensated by the User who originated it. This includes any claim from third parties arising from such breaches.

9. Modifications

These Conditions may be modified and / or updated at any time without prior notice. The modifications made will enter into force as of their publication on the Website, whatever the means and form used for it.

The modification will only affect Users who have accepted them after said modification.

10. Other questions

10.1. Safeguarding and interpretation

If the competent authority declares any of these provisions as illegal, invalid or unenforceable, this will mean that it must be interpreted in the manner closest to the original intention of such provision. In any case, such declaration regarding one or some clauses will not affect the validity of the rest.

The fact that the Holder does not require strict compliance with any of the terms of these Conditions, does not constitute nor can it be interpreted in any case as a waiver on his part to demand it in the future.

10.2. Language

The language applicable to these Conditions is Spanish. If versions are provided in other languages ​​in other languages, it will be solely as a courtesy and greater convenience for the User. In case of contradiction, the Spanish version will prevail.

10.3. Legislation and jurisdiction

The relations between the Owner and the User will be governed by Spanish legislation and any discrepancies or conflicts surrounding these Conditions will depend on whether the user is a consumer and / or user in accordance with applicable regulations.

Being a consumer and / or user, conflicts will be submitted to the Courts and Tribunals of the User’s domicile. In the event that it does not have such a condition, the conflicts will be determined in the Courts and Tribunals of Azpeitia.